Md. Zahid v. State Of West Bengal

03.10.2024 AD-25 Court No.29 TN (Allowed) CRM (A) 3429 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kulti Police Station Case No. 370 of 2023 dated 17.07.2023 under Sections 498A, 323, 325, 323, 506, 34 of the IPC and Sections 3/4 of the Dowry Prohibition Act. And In the matter of: Md. Zahid .... petitioner Mr. Abdul Hamid Molla, Mr. Mukteswar Maity, Md. Abdul Halim, Mr. Narayan Das, Md. Feroz Khan, Ms. Nupur Chaudhuri, Sk. Zafir ....for the petitioner Mr. Sujan Chatterjee ....for the State Mr. Firoz Khan ....for the de facto complainant

1. Pursuant to the notice, the de facto complainant is represented.

2. Heard the learned counsel for the parties. The de facto complainant is personally present and has submitted that her daughter is presently pregnant and her son-in-law and daughter are residing peacefully. The Deed of Mutual Negotiation dated 28th August, 2023 is produced by the Investigating Officer along with the report.

3. Considering the aforesaid materials and the nature of the dispute, we are of the view that custodial interrogation of the petitioner is not necessary.

Signed By :

TANMOY NANDAN High Court of Calcutta 4 th of October 2024 10:24:12 AM

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Md. Zahid shall be released on bail upon furnishing a bond of Rs.2,000/-, with one surety, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023.

5. It is further directed that the present accused petitioner shall appear before the learned Chief Judicial Magistrate, Asansol by 8th October, 2024.

6. The report is kept with the record.

7. Accordingly, the application for anticipatory bail is disposed of.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 4 th of October 2024 10:24:12 AM